A Delta Air Lines passenger says that crew turned his desperate plea to use the lavatory during a diarrhea attack into a security incident — handcuffing him, injuring him, exposing him naked to passengers, denying him the bathroom until he soiled himself, and having him hauled off the plane.

He sued over the incident and won a $7.2 million verdict. Delta didn’t just get a new trial, they got the verdict tossed completely, arguing that they are immune from consequences because it was a security incident and they involved law enforcement.

Now, after eleven years, the passenger is fighting to at least get another shot in court . On Thursday, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments in the case.

In May 2015, the passenger flew from Buenos Aires to Atlanta, connecting to Salt Lake City.…